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New Mexico Statutes

These statutes comprise the New Mexico Wildlife Conservation Act. Included in the provisions are definitions related to the statute, legislative policies, and regulations for listing or delisting species. Violation of the Act constitutes a misdemeanor and can incur a penalty from $50 - 1,000 depending on the categorization of the species taken.

This New Mexico statute provides that each municipality and each county shall make provision by ordinance for the seizure and disposition of dogs and cats running at large and not kept or claimed by any person on their premises provided that it does not conflict with state law.

This New Mexico statute provides that every municipality and each county may provide by ordinance for the mandatory licensure of dogs over the age of three months. License fees shall be fixed by the responsible municipality or county. Further, pursuant to this statute, every municipality and each county shall provide for the impoundment of rabies-suspect animals.

This short New Mexico statute provides that state health department shall prescribe regulations for the reporting of animal bites, confinement and disposition of rabies-suspect animals, rabies quarantine and the disposition of dogs and cats exposed to rabies, in the interest of public health and safety.

This law represents New Mexico's hunter harassment provision. It is unlawful for a person to commit interference with another person who is lawfully hunting, trapping or fishing in an area where hunting, trapping or fishing is permitted by a custodian of public property or an owner or lessee of private property. A first offense is a petty misdemeanor; a second or subsequent offense is a misdemeanor. This section does not apply to a farmer or rancher in pursuit of his or her normal farm or ranch operation or law enforcement officer in pursuit of his or her official duties.

This law makes it illegal to engage in computer-assisted remote hunting, provide facilities for that purpose, create or advertise such software or websites, or keep an animal confined for computer-assisted remote hunting. Violation also leads to a revocation of licenses issued by the state game commission.

These New Mexico statutes pertain to controlling aquatic invasive species. If a conveyance or equipment has been in an infested water body, the owner must decontaminate it or have it inspected and certified prior to entering another water body in the state. Law enforcement officers must take action to prevent infested equipment from entering water bodies, and may impound equipment if the person transporting it refuses to submit to an inspection and the officer has reason to believe that an aquatic invasive species may be present.

These New Mexico statutes regulate trappers and fur dealers. Fur-bearing animals, such as muskrat, mink, weasel, beaver, otter, nutria, masked or blackfooted ferret, ringtail cat, raccoon, pine marten, coatimundi, badgers, bobcat and foxes, may only be taken during certain seasons or with a permit and/or a license. Fur dealers must have a license to buy or sell skins. A violation of the statutes is a misdemeanor.

This section comprises the New Mexico anti-animal cruelty provisions. As used in this section, "animal" does not include insects or reptiles. Cruelty to animals occurs when person
negligently
mistreats, injures, kills without lawful justification or torments an animal or abandons or fails to provide necessary sustenance to an animal under that person's custody or control. Extreme cruelty to animals, a fourth-degree felony, consists of a person
intentionally or maliciously
torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal. Upon conviction, the court may order a person to participate in an animal cruelty prevention program or an animal cruelty education program, or to obtain psychological counseling for treatment of a mental health disorder.

This act stipulates that any person, corporation or partnership is immune from liability for the death or injury of a rider, which resulted while the rider was engaged in an equine activity.
However, there are exceptions to this rule:
a
person, corporation, or partnership will be held liable for injuries if he or she displays a conscious, reckless, or intentional disregard for the safety of the rider, and if the person, corporation, or partnership fails to make reasonable and prudent efforts in ensuring the safety of the rider.

These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

This New Mexico statute provides that it is unlawful for any person to keep any animal known to be vicious and liable to attack or injure human beings unless such animal is securely kept to prevent injury to any person. It is also unlawful to keep any unvaccinated dog or cat or any animal with any symptom of rabies or to fail or to refuse to destroy vicious animals or unvaccinated dogs or cats with symptoms of rabies.

This New Mexico statute provides that the owner or operator of a veterinary clinic or hospital, a doctor of veterinary medicine, a kennel, grooming parlor or other animal care facility is not liable for disposing of abandoned animals after proper notice has been sent to the owner of record.

The New Mexico County Predatory Control Act deals with predatory wild animals and rodent pests. On federal lands, the federal government pays for rodent pest repression. On public federal or state lands, the state and federal cooperative funds pay for rodent pest repression. On private land, rodent pest repression is based on voluntary cooperation of owners, but if the owner fails, after written notice, to destroy the prairie dogs, the state rodent inspector is authorized to enter the lands and destroy the prairie dogs at the expense of the owner. Any person who interferes with the rodent inspector is guilty of a misdemeanor punishable by a fine of $100 to $500.

Section 46A-4-408, was adopted in 2003, and did not repeal the previous pet trust law. However, in 2016, the original pet trust law (46A-4-407) was finally repealed. The new section follows the language of the Uniform Trust Code and simply states that a trust for the care of an animal alive during the settlor's lifetime is valid. The trust terminates upon the death of the last animal named and any excess trust property is distributed to the settlor, if living, or his or her successors in interest.